Telangana High Court
CRLRC/3298/2015 of Upputuri Seetharamaiah, Vs State of AP, on 31 December 2015
SRI JUSTICE RAJA ELANGO Crl.R.C.No.3298 of 2015 ORDER The present criminal revision case is directed against the order of dismissal dated 08.12.2015 passed in Crl.M.P.No.338 of 2015 in C.C.No.11 of 2014 on the file of Special Judge for SPE and ACB Cases-cum-II Additional District and
THE HONOURABLE SRI JUSTICE RAJA ELANGOCrl.R.C.No.3298 of 2015
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ORDER
The present criminal revision case is directed against theorder of dismissal dated 08.12.2015 passed in Crl.M.P.No.338 of2015 in C.C.No.11 of 2014 on the file of Special Judge for SPE andACB Cases-cum-II Additional District and Sessions Judge,Nellore.
2. Heard and perused the material on record.
3. The petitioner/accused is involved in C.C.No.11 of 2014 onthe file of the Special Judge for SPE and ACB Cases-cum-IIAdditional District and Sessions Judge, Nellore, registered for theoffences punishable under Sections 7, 13(2) read with Section13(1)(d) of the Prevention of Corruption Act, 1988. During thecourse of trial, the petitioner/accused filed the impugnedapplication seeking to examine his defence witness. By the orderimpugned, the trial Court dismissed the said application on theground that the petitioner failed to produce the medical certificateshowing that the witness was suffering from ill-health. Aggrievedby the same, the present revision is filed.
4. Learned counsel for the petitioner submits that as thewitness by name Mr. R. Ankaiah underwent cervical and lumbarsurgery, the petitioner was unable to produce him before the trialCourt and now, he is ready and willing to produce his defencewitness. Thus, he prays to give an opportunity to the petitioner for examination of the defence witness.
5. Considering the facts and circumstances of the case and inview of the nature of offence, this Court is of the view that anopportunity should be given to the petitioner to examine hisdefence witness. In view of the same, the trial Court is directed tofix the date of examination of defence witness on 28.01.2016, onwhich date, the petitioner shall produce his witness, failing which,the trial Court shall proceed in accordance with law and thepetitioner cannot seek any further adjournment for production ofhis defence witness.
6. With the above direction, the Criminal Revision Case isdisposed of.
Miscellaneous Petitions, if any, pending in this revision shallstand closed.
______________________
JUSTICE RAJA ELANGO
31[st] December, 2015sj